BellSouth Telecommunications, Inc. v. Town of Palm Beach
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
BIRCH, Circuit Judge:
This appeal requires us, as a matter of first impression in this circuit, to answer two questions pertaining to § 253 of the Telecommunications Act of 1996: (1) what is the preemptive scope of § 253; and (2) who may seek enforcement of the provisions of § 253? Because we disagree with the district court’s interpretation and application of § 253, and also, in part, because amendments were made to relevant state laws after the district court rendered judgment, we AFFIRM the district court’s judgment in part, REVERSE in part, and REMAND to the district court for further…
2Cases cited20 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Cort v. AshSupreme Court of the United States · 1975
- Olmstead v. L.C.Supreme Court of the United States · 1999
- Thompson v. ThompsonSupreme Court of the United States · 1988
- At&T Corp. v. Iowa Utilities BoardSupreme Court of the United States · 1999
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